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SoS Environment v Fletcher Estates (Harlescott) Ltd

Language: English Series: Estates Gazette ; [1998] 38 EG 155-160(6) (19 September 1998)Publication details: 1998Subject(s): Summary: "SoS Environment v Fletcher Estates (Harlescott) Ltd; Same v Newell and others" CA 11 June 1998. Notices for the purposes of the Land Compensation Act 1961 s22(2)(a) were published and served of the making of a compulsory purchase order by the SoS Transport, to acquire land belonging to the respondent landowners for the construction of a bypass. The respondents applied for certificates of appropriate alternative development under s17 of the Act. Certificates for residential and industrial development were issued. On appeals by the SoS Transport, the appellant SoS Environment allowed the appeals, substituting negative certificates. In the court below the judge held that the relevant date for the purposes of s17(4) was the date for the purposes of s22(2)(a), the date of the notices of the making of the compulsory purchase order. He found that in issuing a certificate the issues behind the scheme should be discounted. SoS appealed. Held: Appeal was allowed.

"SoS Environment v Fletcher Estates (Harlescott) Ltd; Same v Newell and others" CA 11 June 1998. Notices for the purposes of the Land Compensation Act 1961 s22(2)(a) were published and served of the making of a compulsory purchase order by the SoS Transport, to acquire land belonging to the respondent landowners for the construction of a bypass. The respondents applied for certificates of appropriate alternative development under s17 of the Act. Certificates for residential and industrial development were issued. On appeals by the SoS Transport, the appellant SoS Environment allowed the appeals, substituting negative certificates. In the court below the judge held that the relevant date for the purposes of s17(4) was the date for the purposes of s22(2)(a), the date of the notices of the making of the compulsory purchase order. He found that in issuing a certificate the issues behind the scheme should be discounted. SoS appealed. Held: Appeal was allowed.